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90-355 RESOLUTION NO. 90R-355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3314. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a 36-unit commercial retail center including 14,000 sq.ft. of semi-enclosed fast food restaurants, one "optional" 4,375 sq.ft. freestanding restaurant, one freestanding restaurant with outdoor seating and on-premise sale and consumption of alcoholic beverages, an existing 2,500 seat movie theater on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1, AS SHOWN ON PARCEL MAP FILED IN BOOK 84, PAGES 5, 6,7, AND 8 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. AND PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 84 PAGES 5 TO 8 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC90-189 granting, in part Conditional Use Permit No. 3314; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before CUP 3314 the City Council, that all of the conditions and criteria set forth in Section 18.03.030.050 of the Anaheim Municipal Code are not present for the following reasons: 1. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and 2. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; and 5. That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim; and WHEREAS, the City Council does further find and determine with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than the requested waiver of off-street parking requirements, as follows: 1. That there are no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone; and 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested off-street parking requirement waiver, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver should be denied, for the following reasons: 1. That the variance will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying said conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request to permit a 36-unit commercial retail center including 14,000 sq.ft. of semi-enclosed fast food restaurants, -2- CUP 3314 one "optional" 4,375 sq.ft. Ereestanding restaurant, one freestanding restaurant with outdoor seating and on-premise sale and consumption of alcoholic beverages, an existing 2,500 seat movie theater be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of £inal decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of September, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JL~:kh 3897L 091390 -3- CUP 3314 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-355 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 11th day of September, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-355 on the 19th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of September, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-355, duly passed and adopted by the Anaheim City Council on September 11, 1990. CITY CLERK OF THE CITY OF ANAHEIM